2007-26630 ResoRESOLUTION NO. 2007-26630
A RESOLUTION CALLING FORA NOVEMBER 6, 2007 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER THE CITY OF MIAMI BEACH SHOULD BE AUTHORIZED
TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING $95,000,000
IN PRINCIPAL AMOUNT, PAYABLE FROM UNLIMITED AD VALOREM
TAXATION, BEARING INTEREST AT RATES DETERMINED AT THE
TIME(S) OF SALE THEREOF NOT EXCEEDING THE MAXIMUM LEGAL
INTEREST RATE AT SUCH TIME(S), TO PURCHASE THE "MIAMI
HEART INSTITUTE" SITES LOCATED ON WEST 47th COURT IN MIAMI
BEACH AND CONSTRUCT A PUBLIC PARK AND RELATED
IMPROVEMENTS THEREON.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general
laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of
Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2007, for the purpose of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with acceptance of the certification of the results of said Special Election
to be performed by the City Commission. The official returns for each precinct shall be furnished to the
City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established by the
proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling
places and the voting precincts in which the official registration books show that the said electors reside.
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SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with the
general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First
Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration
centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade
County. Each person desiring to become a registered voter shall be responsible for properly filling out
the registration form and returning it to the Miami-Dade County Elections Office. All questions
concerning voter registration should be directed to the Miami-Dade County Elections Office, 111
Northwest 1st Street, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550, Doral,
Florida 33152-1550; Telephone: (305)375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall
be made in accordance with the provisions of § 100.342, Florida Statutes, and Section 38-3 of the Code
of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 6TH DAY OF NOVEMBER, 2007, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
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$95,000,000 GENERAL OBLIGATION BOND ISSUE TO PURCHASE MIAMI
HEART INSTITUTE SITES TO CONSTRUCT/IMPROVE PARK
SHALL THE CITY OF MIAMI BEACH BE AUTHORIZED TO ISSUE GENERAL
OBLIGATION BONDS NOT EXCEEDING $95,000,000 IN PRINCIPAL
AMOUNT, PAYABLE FROM UNLIMITED AD VALOREM TAXATION,
BEARING INTEREST AT RATES DETERMINED AT THE TIME(S) OF SALE
THEREOF NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE AT
SUCH TIME(S), TO PURCHASE THE "MIAMI HEART INSTITUTE" SITES
LOCATED ON WEST 47t" COURT IN MIAMI BEACH AND CONSTRUCT A
PUBLIC PARK AND RELATED IMPROVEMENTS THEREON?
FOR BONDS
AGAINST BONDS
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 6, 2007, hereby called,
shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
$95,000,000 GENERAL OBLIGATION BOND ISSUE TO PURCHASE MIAMI
HEART INSTITUTE SITES TO CONSTRUCT/IMPROVE PARK
SHALL THE CITY OF MIAMI BEACH BE AUTHORIZED TO ISSUE GENERAL
OBLIGATION BONDS NOT EXCEEDING $95,000,000 IN PRINCIPAL
AMOUNT, PAYABLE FROM UNLIMITED AD VALOREM TAXATION,
BEARING INTEREST AT RATES DETERMINED AT THE TIME(S) OF SALE
THEREOF NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE AT
SUCH TIME(S), TO PURCHASE THE "MIAMI HEART INSTITUTE" SITES
LOCATED ON WEST 47`" COURT IN MIAMI BEACH AND CONSTRUCT A
PUBLIC PARK AND RELATED IMPROVEMENTS THEREON?
FOR BONDS
AGAINST BONDS
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SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee
voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of said ballot measure.
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 5th
ATTEST:
CITY CLERK Robert Parcher
Requested by Commissioner Simon Cruz
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
JOSE SMITH
City Attorney
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COMMISSION MEMORANDUM
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
DATE: SEPTEMBER 5, 2007
TO:
FROM:
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZALEZ
JOSE SMITH
CITY ATTORNE~ ..
~,
SUBJECT: A RESOLUTION CALLING FOR A NOVEMBER 6, 2007 SPECIAL ELECTION,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY
OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY OF MIAMI
BEACH SHOULD BE AUTHORIZED TO ISSUE GENERAL OBLIGATION
BONDS NOT EXCEEDING $95,000,000 IN PRINCIPAL AMOUNT, PAYABLE
FROM UNLIMITED AD VALOREM TAXATION, BEARING INTEREST AT
RATES DETERMINED AT THE TIME(S) OF SALE THEREOF NOT
EXCEEDING THE MAXIMUM LEGAL INTEREST RATE AT SUCH TIME(S),
TO PURCHASE THE "MIAMI HEART INSTITUTE" SITES LOCATED ON
WEST 47th COURT IN MIAMI BEACH AND CONSTRUCT A PUBLIC PARK
AND RELATED IMPROVEMENTS THEREON.
Pursuant to the request of Commissioner Simon Cruz, the attached resolution has been drafted for the
purpose of calling a special election with regard to the above-referenced bond issue.
Parenthetically, today, September 5, 2007, is the last regularly-scheduled City Commission meeting at
which the Commission may place a matter on the November 6th 2007 ballot.
JO/sc
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